Sexual Reassignment Act 1988 (SA)

South Australia

Sexual Reassignment Act 1988

An Act to allow the reassignment of sexual identity; to regulate the performance of reassignment procedures; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Sexual Reassignment Act 1988.

In this Act, unless the contrary intention appears—

adult means a person of or above the age of 18 years;

child means a person under the age of 18 years;

corresponding law means—

1. (a)

   a law of another State, or of a Territory, of the Commonwealth; or

2. (b)

   a law of another country,

declared by the regulations to be a corresponding law;

equivalent certificate means a certificate under a corresponding law that corresponds to a recognition certificate under this Act;

hospital has the same meaning as in the South Australian Health Commission Act 1976;

medical practitioner means a person registered as a medical practitioner under the law of the State or of another State, or a Territory, of the Commonwealth;

reassignment procedure means a medical or surgical procedure (or a combination of such procedures) to alter the genitals and other sexual characteristics of a person, identified by birth certificate as male or female, so that the person will be identified as a person of a different sex and includes, in relation to a child, any such procedure (or combination of procedures) to correct or eliminate ambiguities in the child's sexual characteristics;

recognition certificate see section 4;

the Registrar means the Principal Registrar of Births, Deaths and Marriages;

sexual characteristics means the physical characteristics by virtue of which a person is identified as male or female.

A recognition certificate is a certificate, issued under this Act, that identifies a person who has undergone a reassignment procedure as being of the sex to which the person has been reassigned.

This Act binds the Crown.

1. (1)

   A person must not carry out a reassignment procedure unless—

   1. (a)

      the procedure is carried out at a hospital approved by the Minister for the purposes of this Act; and

   2. (b)

      the person is a medical practitioner approved by the Minister to carry out reassignment procedures of the relevant kind.

Penalty: $8 000.

1. (2)

   The Minister will not approve a hospital unless satisfied—

   1. (a)

      that the hospital is a suitable place for the carrying out of reassignment procedures; and

   2. (b)

      that appropriate staff and facilities are available at the hospital to ensure that patients in relation to whom reassignment procedures are carried out receive proper counselling and care.

2. (3)

   The approval of a hospital will be subject to—

   1. (a)

      a condition defining the kinds of reassignment procedures authorised to be carried out at the hospital; and

   2. (b)

      a condition preventing the carrying out of reassignment procedures at the hospital unless appropriate staff and facilities for the counselling and care of the patient are available; and

   3. (c)

      a condition requiring…